Green Party Leader David Coon and MLAs Kevin Arseneau and Megan Mitton say Higgs has clearly lost the confidence of his caucus and should resign. (Jacques Poitras/CBC)

Green Leader David Coon said earlier in the day that the extraordinary move by those Tories means Higgs must resign.

"He clearly has lost the confidence of a sizeable part of his cabinet. He needs to go."

Liberal Leader Susan Holt said her party was ready for an election and her MLAs would support any no-confidence vote against the government.

"I think what we've seen today is this government is not up to the challenge of leading our education system, and not up to the challenge of leading a cabinet or a caucus," she said.

Another PC caucus member could take over, Cardy says

Former education minister Dominic Cardy, who resigned last October and was ejected from the PC caucus, said an election isn't necessary to remove Higgs from office.

He told reporters that if the premier visits Lt.-Gov. Brenda Murphy and asked her to dissolve the house, she should instead ask the PC caucus if another of its members could take over and lead a government with majority support in the legislature.

Cardy acknowledged that move, while possible in the parliamentary system, is rare but not out of the question.

"The lieutenant-governor's job is to ascertain whether there's anybody else who can command the majority of the house," he said.

"I'm saying there are very clearly people who could do that job. The premier has shown today he can't even command his own caucus, his own cabinet."

The results of the review of Policy 713, which outlines minimum requirements for a safe environment for LGBTQ students, will be announced Thursday at a 9:15 a.m. news conference, which will be livestreamed by CBC News.

Harini Sivalangam, director of equality programs at the association, said they are especially concerned because of the rise of anti-LGBTQ and anti-trans sentiment in the country.

"We're also concerned about the domino effect that this may have across other jurisdictions," she said. "These policies were developed in consultation with stakeholders, and unilaterally making any changes to them is deeply concerning."

Harini Sivalangam, director of equality programs at the Canadian Civil Liberties Association, says lawyers will be closely reviewing any changes to Policy 713. (Submitted by Canadian Civil Liberties Association)

Sivalangam said many provinces have almost identical policies to New Brunswick's. The move to review such a policy is unprecedented in Canada, she said, but has been seen in the United States.

"We don't see any governments trying to alter a policy that is working and is meeting the needs of students and school communities, which are trying to provide an inclusive space."

In Quebec, a group of parents, teachers and activists sent a letter to Quebec's minister of education asking him to take the same step as Higgs. They're asking to make it mandatory for teachers to tell parents if a child changes their name, pronoun or gender presentation. 

In Prince Edward Island, flyers have been popping up in people's mailboxes and windshields urging parents to keep their children out of school to protest LGBTQ-protection policies. 

What's under review

Two of the sections under review affirm students' rights to choose extracurricular activities and use washrooms that align with their gender identity.

A third says a principal must get the consent of a child under 16 before contacting parents to get their permission to make a name change official on school records. 

Premier Blaine Higgs and Education Minister Bill Hogan have both said the rights of LGBTQ children will not be rolled back.

Concerns 'echo the claims' of anti-LGBTQ groups

The New Brunswick Women's Council has called on the province to suspend the review partly because the concerns cited are similar to those shared by transphobic and anti-LGBTQ groups.

Premier Higgs has said it's inappropriate for children in younger grades to be exposed to drag storytime. The policy does not address drag events and curriculum, and it's not clear if any school has ever had drag events as part of class.

New Brunswick Education Minister Bill Hogan says the results of the review will be announced this week. (Radio-Canada)

Hogan has also said one of the concerns driving the review is "the rights of female students and whether or not they're comfortable going into a washroom with a biological male."

The right to use the washroom that matches a person's gender identity has been protected by both the federal and provincial Human Rights Act since 2017. 

Hogan began reviewing Policy 713 on April 21, suspending funding to training sessions and preventing department staff from giving presentations about it.

On May 5, a group of protesters appeared outside a New Brunswick Teachers' Association career-day event, holding signs calling educators "perverts" and sharing debunked conspiracy theories about children using litter boxes in schools. That's when the province confirmed it is reviewing the policy because of "misinterpretations and concerns."

When Child and Youth Advocate Kelly Lamrock asked the province to provide all correspondence that shows these concerns, he received copies of three emails. All three contain anti-LGBTQ sentiment, with one calling LGBTQ education "marxist ideology," and another denying that trans people exist and mentioning debunked conspiracy theories.

Sivalangam said hate against LGBTQ people has been on the rise. Just this week, the federal government announced $1.5 million for pride organizations to increase their security during events.

Protecting children from abuse

Gail Costello of Pride in Education helped implement the policy. She was a teacher for 30 years and said she's seen children kicked out of their homes, living on park benches and abused because their parents found out they were queer. She said this is why the policy says the school should check with the child before involving parents in the conversation.

Higgs cited "rights of parents to know" if their child is using a different name and pronoun in school. When asked if that means even homophobic parents, he said "I'm not distinguishing one parent from another." 

The premier has also said he's questioning whether allowing transgender girls to play on girls' sports teams would affect "fairness" for non-trans players. The New Brunswick Interscholastic Athletics Association, which represents all school sports, has previously said there have been no concerns about fairness, and it's received zero complaints about trans kids in the last decade.

After weeks of controversy, New Brunswick's minister of education unveiled three changes to a policy protecting LGBTQ students in schools, including no longer making it mandatory for teachers and staff to respect the chosen names and pronouns of children under 16 without parental consent. 

Bill Hogan said this will allow teachers to "maintain professionalism," and not have to "do something contrary to parents' wishes." 

The review removes a line that says the school must get the student's consent before trying to get a parent's consent to change the child's name on school records. It now says if a child doesn't consent to involving parents, they should be referred to social workers or a mental health professional. 

"We have no intention of telling parents about a child's gender identity if they don't wish us to do so. We're going to encourage them to speak with supportive professionals if they wish, and that's how we're going to proceed," Hogan said. 

Policy 713 was enacted in 2020 after consultations with stakeholders and experts. Child and youth advocate Kelly Lamrock, who previously said the entire review process was broken and "incoherent," said he is reviewing the changes and won't be making a public statement Thursday.

"I will provide a Legislative Analysis to the Assembly as per normal practice on legal changes affecting children," he said on social media.

Students from several New Brunswick, high schools, such as this one in Quispamsis, rallied in support of Policy 713 after the review became public knowledge. (Roger Cosman/CBC)

Hogan said this change addresses the issue of "keeping things hidden" from parents, a concern expressed by the premier after the review was announced.

Name changes on report cards a focus

Most of the changes pertain to what happens when a child requests an official name change on report cards and school systems.

The new policy has no guidelines for what happens when a child under 16 asks to go by a different name or pronoun unofficially. There is now no obligation for a teacher to use a child's chosen name in class, but no clear obligation to tell parents either.

The previous version made it clear that teachers must respect all children's chosen names and pronouns. The new version makes that obligation only relevant for students over 16.

WATCH | Education Minister Bill Hogan says it's 'fundamentally wrong' not to share children's gender identity changes with parents:

When asked about the ambiguity this introduces, Hogan said the province won't go on a "witch hunt" and check into classrooms to see how teachers are referring to students, but this change means teachers don't have to "do something contrary to parents' wishes."

He said he understands how not using a child's chosen pronoun or name can cause "trauma," and "may not be preferred by the child," but he said there will be professionals available to "work through that while respecting parents' rights."

Gender identity reference removed

Also now gone from the policy is mention of gender identity when it comes to sports and other activities. The revision says all students will be able to participate in curricular and extracurricular activities that are safe and welcoming, removing the phrase "consistent with their gender identity."

Hogan said the organizations that govern sports and extracurricular activities already have guidelines on this and there's no reason "to get into the middle of that."

The premier had questioned whether allowing transgender girls to play on girls' sports teams would affect "fairness" for non-trans players. The New Brunswick Interscholastic Athletics Association, which represents all school sports, has previously said there have been no concerns about fairness, and it's received zero complaints about trans kids in the last decade.

Private washrooms

The third section under review affirmed students' rights to use the washroom that aligns with their gender identity, and says each school must have at least one gender-neutral washroom. 

The new policy specifies that those universal washrooms be "private."

The minister also added a line that says: "Private and universal change rooms will be available in all schools."

Hogan said the results will come into effect on July 1.